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Patna High Court

Bechan DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the stipulated bond and sureties.

Summary

The petitioner, Bechan Das, was implicated in a case where 96.84 litres of liquor were recovered from a motorcycle he owned, leading to charges under Sections 274, 275, 317(5) of the Bihar Negotiable Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had a clean antecedent, was unaware of his friend’s misuse of the vehicle, and that no liquor was found in his personal possession. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify the petitioner’s criminal antecedents. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S., emphasizing the need for a thorough antecedent check before final confirmation.

Issues considered

  • Whether anticipatory bail can be granted when the accused is merely the owner of the vehicle from which contraband was recovered.
  • Whether the petitioner’s lack of personal possession of the liquor and clean antecedent justify anticipatory bail.
  • Whether Section 482(2) of the B.N.S.S. permits provisional anticipatory bail pending verification of antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • motor vehicle ownership
  • liquor seizure
  • criminal antecedent
  • Section 274
  • Section 275
  • Section 317(5)
  • Section 30(a)
  • Section 482(2)
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24617 of 2026
                    Arising Out of PS. Case No.-465 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Bechan Das S/o Late Nathuni Das R/o Vill-Saguna, P.S- Rajnagar, Distt-
                 Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Kumari Pallavi
                 For the Opposite Party/s :      Ms. Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 274, 275,

                   317(5) of BNS and Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 96.840 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and he

                   came to be implicated based on the fact that he is owner of the

                   motorcycle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.24617 of 2026(2) dt.20-04-2026
                                            2/3




          would create evidence against himself and hence would get

          implicated. It is further submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged, who also fled from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.500/- (Rupees five hundred) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Jaynagar P.S. Case No.465/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.24617 of 2026(2) dt.20-04-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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